South Carolina Gun Charges

Federal Gun Laws

Gun charges in South Carolina can be prosecuted at either the state or federal court level.

Federal gun laws can be found throughout multiple federal statutes. They cover the wide range of governing and regulating the manufacturing, trade, possession, transfer, and record keeping, as well as the transport of firearms, ammunition, and any firearm accessories. These statutes are listed below:

• 18 USC § 922(g) & (n)
• 18 USC § 922(d)
• 18 USC § 924(c)
• 18 USC §§ 842(h); 922(i), (j) & (u)
• 18 USC § 922(q)(2)(A)
• 18 USC § 922(k), (o) & (v); 26 USC § 5861
• 18 USC § 922(x)(1) &  18 USC § 922(b)
• 18 U.S.C. § 924(d)
• 18 USC § 921(3)

What is a Federal Gun Charge?

A federal crime is the highest level crime you can be charged with. This means you violated national laws, not just state law, and will require you to obtain a federal defense attorney to defend you in your case. Many times, federal crimes occur from an already convicted felon committing another crime with, using, or in possession of a firearm.

What Are the Four Types of Federal Weapons Charges?

1. Felon in Possession – A convicted felon having firearm possession. This is a Class D felony and may result in up to 10 years in prison.  Note: Some weapons are illegal for any citizen to possess. These include: machine guns, sawed-off shotguns, bombs/explosives, silencers, switchblades, and more.
2. Firearms Trafficking – Crimes crossing state borders can be charged as federal offenses. Smuggling weapons or ammunition across state lines is classified as a federal weapons offense punishable by up to 10 years in prison.
3. Violent Crime – Regardless of if there is no injury or fatality resulting, anyone with a firearm “during and in relation to any crime of violence” or who “possesses a firearm in furtherance of any such crime” can be charged with a violent crime.

• • A crime of violence is a felony offense and is defined as:
    • The involvement, use, attempted use, or threatened use of physical force against the person or property of another, or
    • Involving a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

4. Fraud – The obtaining of or possession of a fake permit to purchase, hold, or use a weapon.

Federal Gun Charge Defenses

When it comes to federal gun charge defenses, there are many legal avenues to explore. For example, the violation of constitutional rights during the seizure of weapons or other law enforcement conduct is a very commonly relied on defense.

Other common defenses to federal firearm charges include insufficient evidence to support a conviction and lack of knowledge. An important part of federal gun charges is that the defendant must have acted “knowingly.” Say, for example, you are an innocent buyer of a firearm with no knowledge that the seller stole the firearm. In this case, you cannot have knowingly possessed the stolen firearm. Our federal criminal defense lawyers at AnneMarie Odom Law have considerable experience representing defendants in federal court and can utilize our in-depth knowledge of gun laws and the federal system to your benefit.